Breakfast, lunch and dinner at Tiffany’s — on Costco

Costco owes Tiffany more than $19 million for selling counterfeit rings — Business – DM (@BusinessMarkhor) August 15, 2017 I wrote last fall that it didn’t look like it could get much worse for Costco in its awful litigation against Tiffany, which followed its awful business decision to use the word “Tiffany” to sell diamond rings that were not Tiffany diamond rings at all and to essentially run with it even when it knew, according to testimony in the case, that customers were confused.  Not much worse, I said, except for the damages part. So now it’s the damages…

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Michael N. Cohen, Trademark Attorney

Beverly Hills TM Lawyer

Originally posted 2010-02-11 00:01:58. Republished by Blog Post PromoterFor my money that can only mean Michael N. Cohen!  And now he has a blog, giving it away for free like the rest of us, called TRADEMARK BLOG OF THE TRADEMARK LAWYER’S MIND. Okay, it’s deep, trust me.  Michael knows what he’s talking about from what I can see.  Now you have someone with real chops doing heavy lifting on all these cases and issues LIKELIHOOD OF CONFUSION® just won’t be bothered with because they’re too popular in the media already.  I’m elitist like that.  (Or was it lazy?)  But that doesn’t scare... Read more

Great minds moji alike?

Last September I wrote the following in a letter to a client that asked whether it could use emojis from Apple’s character set in certain marketing materials: The Internet is full of opinions and statements concerning the copyright-protected nature of the Apple emoji set, but no one has evidently explored seriously the issue of whether, notwithstanding Apple’s assertion of protectability as well as its copyright registrations of these symbols and devices, they are really subject to any copyright restrictions. Well, now it’s explored, and by Eric Goldman; and who better? Here’s a link to the abstract of his upcoming article,... Read more

INTA does the right thing

I’m glad I got my grumbling in before this hit my inbox: The International Trademark Association (INTA) is pleased to announce the launch of its Pro Bono Trademark Clearinghouse. An initial two-year pilot program will take place in Germany and the United States, after which the Clearinghouse will be expanded to other countries. The Pro Bono Trademark Clearinghouse has been created to connect eligible individuals and non-profit organizations in need of trademark legal assistance with trademark attorneys who are looking for pro bono opportunities, and are prepared and able to assist. “Entrepreneurs and small business owners focused on growing their... Read more

Restaurant knockoffs

Originally posted 2012-06-11 19:57:22. Republished by Blog Post PromoterMichael Atkins writes about the frustrations of a restaurant owner who seems to think — oddly, for someone who’s already hired a lawyer — he can’t stop someone from copying his restaurant decor and theme. Of course, Two Pesos v. Taco Cabana dealt exactly with that question, and pretty definitively, and, well, it did so 15 years ago. But Michael isn’t satisfied just embarrassing the New York Times, which also doesn’t get the story straight, asking opinions of chefs but not IP lawyers.  He trots out the big guns — our friend... Read more

Best of 2013: Kirtsaeng and Copyright: First sale means first sale

Originally posted 2013-12-23 07:29:59. Republished by Blog Post PromoterThe Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which allows for legally acquired copyright-protected works (or, in trademark, goods bearing a trademark) to be resold by their owners, applies to works made overseas — notwithstanding language in the Copyright Act that many courts had held suggested otherwise. My first involvement in litigation centered on this question was in a case called Pearson v. Textbook Discounters in the Southern District of New York.  It is one of... Read more

The thing speaks for itself

Originally posted 2012-10-18 13:27:57. Republished by Blog Post PromoterBlawg Recenseo est procul Res Ipsa Blog! NB (ut opes notabilis “note well“): Nos should totus have habeo Latin nomen pro nostrum blogs. Ut would restituo veneratio quod integrity ut professio , quod enhance publicus contemplor nobis. Oops — forgot, you don’t speak Latin.  OK, here it is in the vernacular: Blawg Review is at the Res Ipsa Blog! NB (that means nota bene):  We should all have to have Latin names for our blogs.  That would restore honory and integrity to the profession, and enhance the public’s regard for us. Read more

“Shoot the rapper”?

Originally posted 2011-06-20 17:38:03. Republished by Blog Post PromoterFittycent seems to have a pretty good case here: Rapper 50 Cent on Friday sued Internet advertising company Traffix Inc. for using his image without permission in the graphic “Shoot the Rapper” ad, which he says promotes violence and threatens his safety. It’s one of these annoying click-through traps. Now, I can hardly imagine Fitty’s safety is really threatened, but this is of course a pretty clear violation of Curtis James Jackson III‘s right of publicity and probably some trademark rights. What were these guys thinking? Talk about the disrespecting aspects of... Read more

Defining counterfeiting downward

Originally posted 2010-07-23 10:58:27. Republished by Blog Post PromoterCounterfeit Chic happens upon a new defense to trademark counterfeiting:  “Counterfeiting?  You call this counterfeiting?!” We’ve all seen imitation goods so poorly rendered that they wouldnt fool a myopic Martian on a dark night.  And there must be a market out there beyond mere video fiction, or LV look-alikes wouldnt keep showing up on shady street corners and in dark corners of the internet, next to the “Prado” and “Channel” bags.  But why would any self-respecting counterfeiter turn out such bad fakes? It turns out there’s method to the madness.  In theory,... Read more

IOU’s for IU

Originally posted 2011-05-04 12:14:48. Republished by Blog Post PromoterHere’s the story about how Indiana University stopped Indoctrinate U. — a documentary that is critical of political correctness on American college campuses — in its tracks a few weeks ago, even though the school — good old “IU” — is not even remotely connected to the film: In brief, a lawyer representing Indiana University wrote to Maloney’s company early last month claiming that the “Indoctrinate U” logo was similar to IU’s. Maloney does not concede the claim of infringement, arguing that differences between the two logos are “readily apparent” and that... Read more